19 U.S.C. § 2561

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)

Section 2561 - Findings of reciprocity required in administrative proceedings

(a) In general

Except as provided under subpart 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Trade Representative finds, and informs the agency concerned in writing, that-

(1) the country of origin of the imported product is a Party to the Agreement or a foreign country described in section 2552(2) of this title; and

(2) the dispute settlement procedures provided under the Agreement are not appropriate.

(b) Exemptions

This section does not apply with respect to causes of action arising under-

(1) the antitrust laws as defined in section 12(a) of title 15; or

(2) statutes administered by the Secretary of Agriculture.

This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section 553 of title 5, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule.

19 U.S.C. § 2561

Pub. L. 96-39, title IV, §441, July 26, 1979, 93 Stat. 248; Pub. L. 103-182, title III, §351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104-295, §21(b)(1), Oct. 11, 1996, 110 Stat. 3529.

EDITORIAL NOTES

AMENDMENTS1996- Pub. L. 104-295 amended directory language of Pub. L. 103-182. See 1993 Amendment note below.1993-Subsec. (a). Pub. L. 103-182 as amended by Pub. L. 104-295 substituted "Trade Representative" for "Special Representative".